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Haitian man on death row

'Self-defense is not a crime'

By G. Dunkel

Borgela Philistin was tired and in a hurry to get home on June 16, 1993, so he took a jitney cab. But he never made it home.

A few blocks from his house, two Philadelphia cops stopped the cab. A shouting match broke out. One cop reached through the window and punched Philistin. The cop smashed him in the mouth with a flashlight, then pulled him through the window.

A big brawl followed, with the two cops and Philistin on the ground. One cop was trying to grab Philistin's hands. The other drew his gun. In the struggle, the cop dropped his gun, Philistin picked it up, and in his words to the cops during his interrogation, "I fired shots towards the ground so I could run. I didn't aim at them; one of the officers was hit. I saw the blood. I panicked and started running."

Without an effective lawyer to present a heat-of-passion defense, without consular notification, this 19-year-old Haitian citizen, who was a student and part-time worker here, was convicted of premeditated, first-degree murder of a cop named Robert Hayes and aggravated assault on another cop, John Marynowitz, who is paralyzed. Given the racism of the Philadelphia court system, these charges drew a death penalty.

Philistin wound up on the same death row as journalist and former Black Panther Mumia Abu-Jamal. He told Abu-Jamal, "I came from a country where you respect authority, but was I just supposed to let them beat me, shoot me? I thought they were going to kill me."

Abu-Jamal adds, "Can anyone really say that such a fear isn't justified?"

Ray Laforest, a labor union militant and member of the Haitian Coalition for Justice, said: "The movement to free Mumia must defend the right of self-defense and other victims of this racist justice system. What happened to Philistin could happen to any of us--look at Patrick Dorismond and Abner Louima. Haitians are victims of this racist justice system, just like other Blacks in this country."

Abu-Jamal has asked a delegation of French parliamentarians who are scheduled to visit him the first week of September to visit Philistin if they can get permission from Pennsylvania prison authorities.

Johnnie Stevens, a leader of Millions for Mumia/International Action Center, told Workers World, "It is absolutely important to broaden the struggle to obtain a new trial for Mumia, to show that the racist death penalty is used against any person of color who dares to defend themselves, not just Mumia."

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